, 15 tweets, 3 min read Read on Twitter
1. Unintended Benefit of Trump's Declaration of National Emergency
While I didn't want President Trump to declare national emergency for funding the wall, because I thought and still think he could reallocate the funds needed for the wall without the emergency measure. ...
2. I don't understand why or how Obama could reallocate funds to his priorities but Trump can't. Be that as it may, done is done. While I am wary of the concept, I am not too concerned because it is highly specific in objective, narrow in scope and dollar amount.
3. That said, I have a sneaking suspicion (lawyers, please weigh in) that a national emergency allows a President to do more than just reallocate funds. It may also give the President access to some powers that the President does not normally have.
4. Regardless, I am looking forward to Democrats challenging in the courts the President's authority to do what he did and for the purpose he did it. I only ask that the process move quickly. There are several good outcomes from such a legal action, and no downside whatsoever.
5. First of all, coverage of the lawsuit will provide much needed clarification why this move was necessary and, more importantly, all the ramifications of such an emergency declaration, not just the funding reallocation. That in itself will be enormously helpful.
6. Secondly, there are only three possibilities regarding this Presidential Action:
a) Action is Constitutional and limited in presidential power expansion
b) Action is Constitutional and vast in presidential power expansion
c) Action is Unconstitutional
7. If the Action is declared Unconstitutional by SCOTUS, that is the end of the road for now. Let the president campaign on the issue for 2020 and use it to get overwhelming majorities in both the House and the Senate, and thereby an incontrovertible mandate to build the wall.
8. If Republicans don't get such a mandate, then whatever happens falls on the citizens at large, just as it should. Personally I am fairly confident, although not 100% sure, the Action will be declared Constitutional and Limited by SCOTUS, and the wall construction can proceed.
9. The third possibility is the most intriguing one. What if the Action is deemed Constitutional by SCOTUS but also unleashes a vast expansion of presidential powers. The good news is the wall will be built.
10. The bad news is the same vast powers will be available to the next Democratic President. Here is the difference though. There is no chance in hell that a Republican President will ever be allowed to use such expanded powers to do anything really awful.
11. There are not too many Republican voters who will stand for such a travesty and of course media and Democrats will be unified against it. That is the beauty of having a Republican President. He/she is kept on the straight and narrow by all other institutions of society.
12. But there is no such guarantee with a Democratic President. Obama presidency proved that. Liberal media, academia, Hollywood, et al will all be in cahoots with a Democratic President, so such a President could wreak havoc with expanded powers.
13. Moreover, Democrats have already declared their hand. They have made it clear that given a chance they have no compunction about using any expanded powers to do deranged things like #GreenNewDeal, gun control (read confiscation), and the like.
14. Democrats will not have much success in doing that, but the point is they will try crazy things, and in the process damage the country and the economy as much as they can get away with. Silver lining is forewarned is forearmed.
15. Let the SCOTUS rule on it and clarify what the President can and cannot do with emergency powers. We need to know that before the next Presidential election, so we are totally clear about the stakes involved.

The End.
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